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Show 282 ILLINOIS of pollution was best left to the specialized pollution control agency, except in cases of flagrant and obvious pollution.33 Thus, apart from statutory regulation and control over water quality, it must be observed that the right of the riparian landowner extends to quality as well as quantity, since he is said to have the right to the flow of the stream in its natural state, subject only to reasonable use by others.34 The Illinois courts have ruled that a large city or industrial concern has no more right than an individual to cause pollution.35 A pollutor is not excused from his action simply because others are also polluting the stream.36 b. ENVIRONMENTAL CONCERN The cases which have arisen in Illinois have been primarily con- cerned with the right to use water, or, in the case of diffused surface water, the right to dispose of it. No doubt the nature of the riparian doctrine, which operates to keep the water in the channel subject only to reasonable use by other riparian owners, has prevented very many conflicts from arising over streamflow depletions which destroy instream uses such as fish culture and recreation. However, increased efforts have been made in Illinois to protect the environment, as witnessed by the new environmental protection act, discussed above with to water pollution, and which recites that pollution, in addition to being a menace to public health, is harmful to wildlife, fish, and aquatic life, impairs domestic, agricultural, industrial, recreational, and other legitimate uses of water. And the announced purpose of the act is to restore, maintain, and enhance the purity of the waters of the State in order to protect health, welfare, property, and quality of life.37 C. PUBLIC WATER AGENCIES (1) Agencies at the State level In addition to those State agencies previously mentioned as having the principal responsibilities for water control and administration, several others deserve brief mention. The department of registration and education is authorized to collect facts and data concerning the volume, flow, and quality of the underground and surface waters of the State and to publish the results of its investigations.38 Also, any person drilling a water well is required to file a log in the office of the State geological survey division of this department.39 This agency also administers the act which governs the licensing of water well drillers and pump installa- aa Dunlap Lake Property Owners Ass'n., Inc. v. City of Edwardsville, 22 111. App. 2d 95, 159 N.E. 2d 4 (1959). ^Fenwick v. Bluebird Coal Co., 12 111. App 2d 464, 140 N.E. 2d 129 (1957) ; Tether- ton v. Donk Brothers Coal Co., 232 111. 522, 83 N.E. 1048 (1908). sb Village of Dwight v. Hayes, 150 111. 273, 37 N.E. 218 (1894) ; Johnson v. City of Galva, 3i6 111. 598, 147 N.E. 453 (1925). 38 Barrett v. Mt. Greenwood Cemetery, 159 111. 385, 42 N.E. 891 (1896). ** Smith-Hurd Illinois Ann. Stat., ch. lll1^, sec. 1011. ssSmlth-Hurd Illinois Ann. Stat, ch. 127, sees. 58.27 to 58.30. »> Smith-Hurd Illinois Ann. Stat., ch. 104, sec. 34. |
